Attaching Machinery to Enforce Payment of a Debt

Winning a case is only part of the process. The next step is often enforcing payment.

What happened?

Mr Nxumalo, a graphic designer, was unfairly dismissed and awarded compensation of around R70,000 from his former employer. When the employer failed to pay, he instructed the sheriff to enforce the court order.

The sheriff attended the employer’s premises, demanded payment and attached machinery found there to cover the debt.

The dispute

The employer and third parties later claimed that the machinery did not belong to the employer. The court had to decide ownership in interpleader proceedings.

The outcome

The court held that assets found at the premises of an execution debtor are presumed to belong to that debtor. A third party who claims ownership must provide satisfactory proof. In this case, the claimants failed to do so, and the sheriff was permitted to proceed with auction if the debt remained unpaid.